Equitable Subrogation

360 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Edmonds v. Compagnie Generale Transatlantique
  558 F.2d 186· 4th Cir.· 1977-05-06 ·cited 22×
  A vessel owner's liability to an injured longshoreman for negligence under the Longshoremen's Act should be limited to the extent of the vessel's own fault, plus any valid stevedore lien, to avoid disrupting the statutory balance of rights and liabilities.
• Argonaut Ins. Co. v. The United States
  434 F.2d 1362· Ct. Cl.· 1970-12-11 ·cited 22×
  A surety's equitable right to a final contract payment is superior to a contractor's assignee, but a surety cannot recover a progress payment if the government reasonably exercised its discretion to ensure contract completion.
• Tank Tech, Inc. v. Valley Tank Testing
  244 So. 3d 383· Fla. 2d DCA· 2018-04-20 ·cited 21×
  Summary judgment was improper on the equitable subrogation claim because Tank Tech presented sufficient evidence through expert affidavits establishing a genuine issue of material fact regarding whether Valley Tank caused the UST damage by failing to account for groundwater press
• Travelers Indem. Co. v. Calvert Fire Ins. Co.
  798 F.2d 826· 5th Cir.· 1986-08-29 ·cited 21×
  The court held that the district court erred in exercising personal jurisdiction over The London Club due to insufficient minimum contacts with Louisiana, but affirmed the reformation of the indemnity agreement based on mutual mistake.
• City Stores Co. v. Lerner Shops OF Dist. OF Columbia, Inc.
  410 F.2d 1010· D.C. Cir.· 1969-03-06 ·cited 21×
  The dissenting judge believes the majority erred in reversing the denial of a motion to compel joinder of insurance carriers.
• Sunbelt Savings v. Montross
  923 F.2d 353· 5th Cir.· 1991-01-28 ·cited 20×
  The federal holder in due course doctrine does not apply to non-negotiable instruments, and summary judgment was premature on the defendant's prevention of performance claim due to insufficient discovery.
• Teas v. Kimball
  257 F.2d 817· 5th Cir.· 1958-08-18 ·cited 20×
  The court held that a purported partnership agreement entered into by a married woman in Texas during her coverture was void under Texas law, and thus could not be ratified after her divorce. The court also affirmed the trial court's determination of land title.
• Welch v. Complete Care Corp. & Prof'l Bus. Owners Ass'n, Inc.
  818 So. 2d 645· Fla. 2d DCA· 2002-06-07 ·cited 19×
  Welch, as assignee of his former landlord Prime Properties, appealed a summary judgment dismissing most of his indemnification claims against Complete Care Corporation and its workers' compensation insurer PBOA. The court affirmed dismissal of equitable subrogation and common law
• Gortz v. Lytal
  769 So. 2d 484· Fla. 4th DCA· 2000-10-18 ·cited 18×
  This case addresses whether a law firm can bring a third-party complaint for equitable subrogation and contribution against another law firm that allegedly committed malpractice, when no judgment or payment has yet been made on the underlying claim. The Fourth District reverses t
• Safway Rental & Sales Co. v. Albina Engine & Mach. Works, Inc.
  343 F.2d 129· 10th Cir.· 1965-02-05 ·cited 18×
  The court held that an insurer, subrogated to the rights of an indemnitee, can recover attorney fees and litigation expenses incurred in defending a third-party action, even if the indemnitee did not directly pay those expenses.
• Coconut Grove Exch. Bank v. New Amsterdam Cas. Co.
  149 F.2d 73· 5th Cir.· 1945-04-23 ·cited 18×
  The dissenting judge believes the case should be remanded for further findings of fact regarding the equities between the Bank and the surety.
• Sydnor J. Tucker v. Crown Corp.
  136 Fla. 517· Fla.· 1938-11-02 ·cited 18×
  This case addresses the allocation of surplus proceeds from a foreclosure sale of two adjoining parcels of land encumbered by multiple liens of varying priority. The court held that a junior mortgagee whose lien attaches to only one of two parcels sold together is entitled only t
• U.S. Bank Nat'l Ass'n v. Lloyd
  981 So. 2d 633· Fla. 2d DCA· 2008-05-21 ·cited 17×
  U.S. Bank obtained a clerk's default and default judgment in a quiet title action after Lloyd failed to serve notice of the default application on the Bank's counsel. The Second District Court of Appeal reversed, holding that Lloyd had actual knowledge the Bank was represented by
• AETNA Cas. & Sur. Co. v. The Protective Nat'l Ins. Co. of Omaha
  631 So. 2d 305· Fla. 3d DCA· 1993-10-26 ·cited 17×
  Aetna Casualty & Surety Company appeals a summary judgment holding it vicariously liable for an attorney's negligent failure to raise a statute of limitations defense, resulting in an $1.8 million judgment against the insured. The Florida Court of Appeals held that insurance comp
• Raben Builders, Inc. v. First Am. Bank & Tr. Co.
  561 So. 2d 1229· Fla. 4th DCA· 1990-05-09 ·cited 17×
  Raben Builders appealed a summary judgment dismissing its malpractice claim against accountant Peat Marwick for failing to discover a $650,000 embezzlement. The court affirmed, holding that Raben could not recover twice for the same loss after settling with the bank that accepted
• In re NEW England Fish Co. v. Ball Bros., Inc.
  749 F.2d 1277· 9th Cir.· 1984-10-19 ·cited 17×
  The court held that a party cannot recover solely economic losses in a negligence action against a processor with whom it is not in privity, and that claims for third-party beneficiary contract, equitable subrogation, and equitable indemnity also fail.
• The Islamorada Bank v. Rodriguez
  452 So. 2d 61· Fla. 3d DCA· 1984-05-22 ·cited 17×
  A junior mortgagee's right to redeem applies to the senior mortgage debt, not the underlying property, and is extinguished by the entry of final summary judgment in a foreclosure action.
• Mandell v. Fortenberry
  290 So. 2d 3· Fla.· 1974-01-16 ·cited 17×
  Mandell and others sought to recover money paid to satisfy a mortgage note executed by a lessee, claiming subrogation rights against the lessee and other defendants. The Florida Supreme Court discharged the writ of certiorari, finding no direct conflict with prior decisions despi
• Emmett Abdoney v. Janetta York with rights to manage
  903 So. 2d 981· Fla. 2d DCA· 2005-05-13 ·cited 16×
  Abdoney, a junior mortgagee, intentionally omitted himself as a party to a foreclosure action on property where he held both a senior and junior mortgage. The trial court ruled his junior lien was extinguished by the certificate of sale filed in the first foreclosure action. The
• Allstate Ins. Co. v. Am. S. Home Ins. Co.
  680 So. 2d 1112· Fla. 1st DCA· 1996-10-11 ·cited 16×
  Allstate Insurance Company sought a writ of certiorari to quash a discovery order compelling production of its claim and litigation files to American Southern Home Insurance Company, the primary insurer of a common insured. The court held that American failed to allege a breach o
• Rodeway Inns OF Am. v. Alpaugh
  390 So. 2d 370· Fla. 2d DCA· 1980-10-10 ·cited 16×
  Rodeway Inns appeals a judgment requiring it to pay mortgage installments on leased property even after the lessor terminated the lease and repossessed the premises. The court affirms, holding that the explicit lease language requiring Rodeway to continue mortgage payments surviv
• In re J. v. Gleason Co., Inc.
  452 F.2d 1219· 8th Cir.· 1971-12-17 ·cited 16×
  A surety's equitable subrogation claim does not constitute a "security interest" under the Minnesota Uniform Commercial Code and is therefore not required to be filed to perfect a lien against a trustee in bankruptcy.
• Furlong v. Leybourne
  171 So. 2d 1· Fla.· 1964-12-16 ·cited 16×
  The Florida Supreme Court held that three daughters of a deceased property owner could be subrogated as contingent claimants against their father's estate if they paid off a mortgage on his homestead property. The court reversed the District Court of Appeal's application of the "
• In re Braker. Hyde Park Lumber Co. v. W. Norwood Bldg. & Loan Co.
  127 F.2d 652· 6th Cir.· 1942-04-16 ·cited 16×
  A mortgage recorded after construction began, without a covenant authorizing the mortgagee to pay laborers and materialmen, does not entitle the mortgagee to share equally with mechanic's lien claimants in bankruptcy proceeds.
• Am. Builders Ins. Co. v. Southern-Owners Ins. Co.
  71 F.4th 847· 11th Cir.· 2023-06-20 ·cited 15×
  The Eleventh Circuit held that a jury could reasonably find that Southern-Owners acted in bad faith by delaying its investigation and settlement efforts, causing American Builders to pay the policy limit, and that American Builders did not breach Southern-Owners' contract by fail
• Ward L. Huet and Joan Huet v. Mike Shad Ford, Inc.
  915 So. 2d 723· Fla. 5th DCA· 2005-12-02 ·cited 15×
  The Huets, defendants in an automobile negligence action, appealed the dismissal of their third-party complaint against Mike Shad Ford, Inc., seeking indemnity, contribution, and equitable subrogation for alleged improper vehicle repairs. The court affirmed the dismissal, holding
• Cont'l Cas. Co. v. City OF S. Daytona
  807 So. 2d 91· Fla. 5th DCA· 2002-01-11 ·cited 15×
  The court held that the agreement between the City and Little League created a contractual indemnification obligation, shifting the primary defense duty to Continental, but attorney's fees for the declaratory action itself are not recoverable.
• Dominion OF Canada v. State Farm Fire & Cas. Co. & Sally Ruth Johnson
  754 So. 2d 852· Fla. 2d DCA· 2000-04-07 ·cited 15×
  Dominion of Canada, a Canadian insurance company, appealed the dismissal of its subrogation, indemnification, and declaratory relief claims against Sally Ruth Johnson and State Farm Fire and Casualty Company. The court held that while the contractual subrogation claim was time-ba
• Fla. Farm Bureau Gen. Ins. Co. v. Peacock's Excavating Serv., Inc.
  186 So. 3d 6· Fla. 2d DCA· 2015-07-24 ·cited 14×
  Florida Farm Bureau appeals a partial final judgment that determined its duty to defend but not its duty to indemnify an insured customer in an insurance coverage dispute. The Second District Court of Appeal dismisses the appeal for lack of jurisdiction, holding that a partial ju
• Biscayne Inv. Grp., Ltd. v. Guar. Mgmt. Servs., Inc.
  903 So. 2d 251· Fla. 3d DCA· 2005-05-11 ·cited 14×
  Biscayne Investment Group, the developer of a condominium, appealed the dismissal of four counts against the property management company Guarantee Management Services. The court affirmed dismissal of breach of contract, fraud, and equitable subrogation claims, but reversed dismis
• Safecare Med. Ctr. v. Donald C. Howard, D.O.
  670 So. 2d 1020· Fla. 4th DCA· 1996-02-28 ·cited 14×
  Safecare Medical Center appealed the dismissal of its indemnity action against its employee physician, Dr. Howard, seeking recovery for a settlement it paid to an injured patient's estate. The court affirmed the dismissal, holding that Safecare was estopped from pursuing indemnit
• Lincoln Nat'l Health & Cas. Ins. Co. v. Mitsubishi Motor Sales OF Am., Inc.
  666 So. 2d 159· Fla. 5th DCA· 1995-09-22 ·cited 14×
  Lincoln National Health and Casualty Insurance Company appealed a summary judgment denying its equitable subrogation claim against third-party tortfeasors for medical benefits it paid to an insured student injured in a motor vehicle accident in Florida. The appellate court revers
• Transamerica Ins. Co. v. Barnett Bank OF Marion Cnty., N.A.
  540 So. 2d 113· Fla.· 1989-03-16 ·cited 14×
  Transamerica Insurance Company sought priority over Barnett Bank for accounts receivable from construction contracts based on equitable subrogation rights arising from payment and performance bonds. The Florida Supreme Court held that a surety's equitable subrogation rights are n
• Valentine v. AETNA Ins. Co.
  564 F.2d 292· 9th Cir.· 1977-11-07 ·cited 14×
  The court held that the district court properly interpreted insurance policies and subcontract provisions, and that equitable subrogation applies to allow excess insurers to recover from a primary insurer that breached its duty to settle in good faith.
• Textile Banking Co., Inc. v. Widener
  265 F.2d 446· 4th Cir.· 1959-03-12 ·cited 14×
  The court held that a secured creditor is not entitled to surplus funds resulting from the combined recovery from collateral and a guarantor when that recovery exceeds the debt, and that sale expenses charged against secured property must be actual costs, not estimated costs of a
• Commercial Standard Ins. Co. v. Am. Emp'rs Ins. Co.
  209 F.2d 60· 6th Cir.· 1954-01-06 ·cited 14×
  An insurer who pays the entire loss under a policy containing an express subrogation clause is entitled to contribution from a co-insurer, even if the payment exceeded its pro rata share, because the payment was not voluntary.
• Tribeca Lending Corp. v. Real Est. Depot, Inc.
  42 So. 3d 258· Fla. 4th DCA· 2010-07-14 ·cited 13×
  The court held that summary judgment for an equitable lien was proper, but the final judgment contained defects regarding foreclosed parties and retention of sale proceeds.
• Mosley v. Am. Med. Int'l, Inc.
  712 So. 2d 1149· Fla. 4th DCA· 1998-06-10 ·cited 13×
  A plaintiff attacked by unknown assailants settled his claim against the initial tortfeasors for $20,000 while aware of all his injuries, including a permanent peroneal nerve injury. When he later sued health care providers for medical negligence, fraud, and conspiracy to commit
• Barnes v. Meece
  530 So. 2d 958· Fla. 4th DCA· 1988-08-03 ·cited 13×
  Barnes, a defendant in a wrongful death/personal injury action, sought a writ of certiorari to consolidate that suit with a separate medical malpractice action against healthcare providers, arguing he needed consolidation to raise medical malpractice as an affirmative defense and
• Burton Engels v. Valdesuso
  497 So. 2d 698· Fla. 3d DCA· 1986-11-04 ·cited 13×
  Burton Engels, who purchased mortgaged property at a foreclosure sale, appeals the trial court's decision allowing Tony Valdesuso, Jr. Enterprises to exercise a right of redemption. The court affirmed, holding that Valdesuso, as the record title holder who acquired the property f
• Lumbermens Mut. Cas. Co. v. Foremost Ins. Co.
  425 So. 2d 1158· Fla. 3d DCA· 1983-01-04 ·cited 13×
  Lumbermens Mutual Casualty Company sought to recover amounts paid in settlement and attorney fees from Foremost Insurance Company as an additional insurer for Watsco, Inc. The court affirmed dismissal of the complaint, holding that Lumbermens failed to preserve its rights against
• Pac. Ins. Co., Ltd. v. George Botelho, D.O.
  891 So. 2d 587· Fla. 3d DCA· 2004-12-22 ·cited 12×
  The appellate court reversed a trial court's dismissal of an equitable subrogation claim because the trial court improperly considered evidence outside the complaint. However, the court affirmed the dismissal because the complaint itself, specifically an amended paragraph, showed
• Suntrust Bank v. Riverside Nat'l Bank OF Fla.
  792 So. 2d 1222· Fla. 4th DCA· 2001-08-29 ·cited 12×
  A refinancing lender who loses priority when its original first mortgage is satisfied may be entitled to equitable subrogation to the priority of the original first mortgage, provided the refinancing proceeds are used to pay off that prior lien and the junior lienor is no worse o
• Cont'l Cas. Co. v. United Pac. Ins. Co.
  637 So. 2d 270· Fla. 5th DCA· 1994-04-22 ·cited 12×
  Continental Casualty sought to recover defense costs and attorney's fees from United Pacific Insurance under a theory of equitable subrogation, where both insurers provided coverage for a mutual insured. The Fifth District Court of Appeal affirmed summary judgment for United, dec
• Airmanship, Inc. v. United States Aviation Underwriters, Inc.
  559 So. 2d 89· Fla. 3d DCA· 1990-02-13 ·cited 12×
  Airmanship and AVEMCO appeal summary judgment in favor of USAU regarding insurance coverage for a deceased safety pilot in a private airplane crash. The court reversed, holding that ambiguous policy terms must be construed in favor of the insured and that factual disputes regardi
• Hough v. Huffman
  555 So. 2d 942· Fla. 5th DCA· 1990-01-18 ·cited 12×
  Sandra Hough and her guardians appealed a jury verdict finding no negligence against defendant Huffman in an automobile collision, along with an award of costs to Huffman. The Fifth District affirmed the judgment and costs award, holding that a prevailing defendant may recover co
• Auerbach v. McKINNEY
  549 So. 2d 1022· Fla. 3d DCA· 1989-06-20 ·cited 12×
  A severely brain-damaged minor child settled a personal injury case for $2.5 million, but the settlement funds were improperly disbursed to the plaintiffs' attorneys and a guardian with conflicts of interest rather than to the minor's estate. The appellate court affirmed that the
• Simon v. United States
  756 F.2d 696· 9th Cir.· 1985-03-26 ·cited 12×
  The court held that the purchasers' interest in property sold at a state tax sale was subordinate to a federal tax lien because proper notice of the sale was not given to the Secretary of the Treasury, and the purchasers' equitable claims were without merit.
• Glendale Fed. Sav. & Loan Ass'n v. Guadagnino
  434 So. 2d 54· Fla. 4th DCA· 1983-07-13 ·cited 12×
  A junior mortgagee's right to redeem in a foreclosure action is determined by the entry of the final judgment and attempts to redeem after the certificate of title is issued are untimely.
• In re Fed. Facilities Realty Tr. v. Kulp
  220 F.2d 495· 7th Cir.· 1955-03-15 ·cited 12×
  A former trustee, who has not been discharged and whose final account is pending, remains a party in interest with a right to be heard on matters affecting the estate, including seeking equitable relief from funds in the court's custody.